IN THE CASE OF:
BOARD DATE: 25 September 2012
DOCKET NUMBER: AR20120005053
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of item 8 (Place of Birth (POB)) and
item 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states after reviewing his DD Form 214 he discovered two discrepancies he would like corrected. He claims the POB and DOB are incorrect and should show he was born in Meadow Bridge, West Virginia on
26 May 1947.
3. The applicant provides a copy of his birth certificate in support of his request.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on 19 October 1966. The DD Form 47 (Record of Induction) prepared during his induction processing lists his DOB as 25 May 1947 in item 5 (Date of Birth) and his POB as Charleston, West Virginia in item 11 (Place of Birth).
3. The applicants DA Form 20 (Enlisted Qualification Record) which was prepared on 25 October 1966, upon his entry on active duty, lists his DOB as
25 May 1947 in item 6 (Date of Birth).
4. The applicants Military Personnel Records Jacket (MPRJ) contains a
DA Form 3027 U.S. Army Request for National Agency Check), dated
2 November 1966, which also lists his DOB as 25 May 1947 in item 5
(Day, Month, Year of Birth) and his POB as Charleston, West Virginia in
item 6 (Place of Birth). It also contains a Standard Form (SF) 88 (Record of Medical Examination), dated 30 August 1968, which documents his separation physical examination. This document also lists his DOB as 25 May 1947 in item 12 (Date of Birth) and his POB as Charleston, West Virginia in item 13 (Place of Birth).
5. On 30 August 1968, the applicant was honorably released from active duty, in the grade of specialist four/E-4, after completing 1 year, 10 months, and 12 days of active military service. The DD Form 214 he was issued at the time lists his POB as Charleston, West Virginia in item 8 and his DOB as 25 May 1947 in item 9.
6. The applicant provides a copy of a birth certificate issued by the West Virginia Department of Health, Division of Vital Statistics, on 12 April 2012, which lists his POB as Meadow Bridge, West Virginia and his DOB as 26 May 1947.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 20 and documents and orders in the MPRJ would be the primary source records for information entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct the POB and DOB listed on his DD Form 214 has been carefully considered. However, the evidence of record confirms the applicant enlisted, served, and was separated under the POB of Charleston, West Virginia and DOB of 25 May 1947, as listed on the DD Form 47 prepared during his induction, the DA Form 20 prepared upon his entry on active duty, and on the DD Form 214 issued upon his separation.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his correct his POB and DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document, which confirms his correct POB and DOB will be filed in his Army Military Human Resources Record (AMHRR). This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his AMHRR.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ____x ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ __x_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20120005053
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ABCMR Record of Proceedings (cont) AR20120005053
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